Blog
Ascheman Law Criminal Defense Blog

Vehicle Forfeiture & Torgelson

An interesting attempt to combat a vehicle forfeiture.  In this case, the vehicle was to be forfeit due to a First Degree DUI conviction.  But, the defense claimed that due to the value of the vehicle, there was a real-property homestead-exemption....

Flashing the High-Beams

Here is an excellent ruling for those of us who know about flashing high-beams.  Why do we do it? What's the reason behind it? Generally it's because the idiot coming from the opposite direction has their high-beams on and we are trying to remind them to...

Post Conviction Relief – Better have new evidence

Post Conviction Relief is a complicated situation.  There are some things that will almost always get you a hearing and some that almost never will.  Here we see a split.  While an IAAC (Ineffective-Assistance of Appellate Counsel) claim can...

Out of State Convictions

Here is one of those fun intricate problems we find with some cases.  I'm not sure everyone would agree with the "fun" portion of that, but at least Mr. Patterson was able to use the distinction of offenses in Minnesota and offenses in Illinois to his advantage....

DANCO OK'ed

Here is a smack in the face of all attorneys and defendants objecting to the DANCO orders being issued at bail hearings.  Not a big surprise for most of us that work on Domestic Abuse cases, but it was an issue that had to be raised and a chance that needed to be...

Appealing a Plea & Double Jeopardy

Appeals are a difficult process, and when combined with a plea withdrawal they can have nightmarish results.  It seems that Mr. Montermini has experienced that trouble first hand.  When withdrawing a plea, make sure you are well aware of the possible...

Ascheman Law Criminal Defense Blog Archive

Archives